Eminent Domain - Courier - 3 of 6 - NJ Coalition Against ED Abuse

*
Courier News Online - Sunday, May 7, 2006

Group targets eminent domain abuse

By KAREN SUDOL
Gannett New Jersey

With unity comes greater strength.

So say members of the New Jersey Coalition Against Eminent Domain Abuse, which formed in February to limit the use of eminent domain for private development throughout the state.

The organization consists of property owners from 25 municipalities that are undertaking redevelopment projects where eminent domain is threatened, according to the coalition.

"We have to get reform at the state level, and what we have now are individual grass-roots groups," said coalition coordinator Bill Potter, a Princeton-based lawyer, explaining why the group formed on Feb. 18. "We need a statewide organization to focus everyone on the real source of power: the state Legislature and governor."

Dorothy Argyros, a longtime critic of eminent domain use, said she joined the organization because her home was acquired through eminent domain. The state paid her $224,000 for her Neptune home two years ago for a Route 33 road improvement project.

"It will kill people. How would you feel if every night you went home and you don't know if you own the house? It's a punishment of innocent people," Argyros said.

The coalition wants a moratorium on any new redevelopment area designations and any additional property takings -- commercial or residential -- associated with redevelopment projects, Potter said.

The state's redevelopment law, which permits government to redevelop blighted areas and use eminent domain, also needs to be reformed, the coalition believes.

Specifically, towns should designate areas based on blight, not on the vague criteria that currently exist, Potter said, noting there are more than 65 municipalities with designated redevelopment areas. For example, he said, one of the criteria is that an area can be underutilized; something he says can be vaguely interpreted.

"The taking of someone's property should not be permitted where it means removing people from habitable homes or legitimate businesses," said Potter, 59, who became involved in eminent domain law when he unsuccessfully challenged the blight designation of two parking lots in Princeton Township that ultimately became a parking garage.

"If an area is run down but otherwise in use, let the town help the residents rehabilitate homes and businesses," he suggested, saying coalition members have met with the state's public advocate and the governor's staff to discuss their concerns.

Designating redevelopment areas also gives municipalities broad powers including using eminent domain, avoiding competitive bidding laws, granting tax abatements and approving costly bond issues without referendums. Allowing governing bodies to act as redevelopment agencies also poses a conflict of interest, the coalition claims.

Argyros said acquiring property for redevelopment is "happening everywhere" and needs to be stopped.

"In 1776, Americans proved they would fight for their property," she said, "and in 2006 they will fight for their property."

http://www.c-n.com/apps/pbcs.dll/article?AID=/20060507/NEWS/605070330

(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. Plainfield Today, Plainfield Stuff and Clippings have no affiliation whatsoever with the originator of these articles nor are Plainfield Today, Plainfield Stuff or Clippings endorsed or sponsored by the originator.)